Refugees – Immigrants

εξευτελιστική μεταχείριση

Expulsion that exposes to the risk of torture is a violation of Article 3 of the ECHR

JUDGMENT  M.A. v. Russia 01.02.2018 (no. 9373/15) see here SUMMARY  Deportation of an alien convicted in his country for terrorist acts. Risk of being tortured in his country of origin (Algeria). Infringement of a temporary detention suspension measure. Violation of Article 3 on torture. State authorities must receive precise assurances from the country of origin […]

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Failure to disclose real nationality while awaiting deportation. Abusive litigation.

JUDGMENT  Bencheref v. Sweden 11.01.2018 (no. 9602/15) see here   SUMMARY Application for asylum and residence permit. Arrested for serious accusations (attempted rape, etc.), he was found guilty and his deportation was decided. Failure to disclose real citizenship (initially he said he was Moroccan and then declared Algerian), delays deportation procedures. Rejection of an appeal […]

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Deportation of an applicant for asylum and the threat of imprisonment due to homosexual acts

JUDGMENT  I.K. v. Switzerland  18.01.2018 (no. 21417/17) see here SUMMARY  Application for asylum from a Sierra Leonean citizen. Rejection of the application and deportation of the applicant. Claims that in case of expulsion he will be subject to a prison sentence due to his homosexuality. No violation of Article 3 (prohibition of inhuman and degrading […]

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Deportation of an citizen of Iran that embraced Christianity

JUDGMENT  Α. v. Switzerland 19.12.2017 (no. 60342/16) see here  SUMMARY  Deportation of an Iranian asylum seeker. Danger of death or ill-treatment due to a change of religion (he became a Christian) if he returned to Iran. No violation of the right to life, no inhuman or degrading treatment. Temporary detention order until the ECtHR’s decision […]

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Group expulsions. Strasbourg as life jacket for the immigrants

JUDGMENT  N.D. and  N.T. v. Spain  3/10/2017 (no. 8675/15 and  8697/15) see here SUMMARY Group deportations of immigrants. Immediate expulsion and inability to challenge legal procedures. Infringement of the ban on mass expulsions and the right to an effective remedy. PROVISIONS Article 4 of Protocol 4 Artilce 13 PRINCIPAL FACTS  The applicants, N.D. and N.T., […]

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The risk of torture for asylum seekers leads the ECtHR to … a red card for their deportation

JUDGMENT  N.A. v. Switzerland (no. 50364/14) and A.I. v. Switzerland (no. 23378/15) 30-5-2017 SUMMARY Asylum. Refugees. Removal of aliens. Both applicants are Sudanese nationals who live in the Canton of Zurich and have applied for asylum. The Federal Immigration Service concluded that they did not qualify for refugee status, rejected their asylum applications and ordered their expulsion […]

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Deportation when justified on grounds of public interest is not incompatible with Article 8 of the ECHR.

JUDGMENT Krasniqi v. Austria  25-04-2017 (no. 41697/12) see here  SUMMARY Deportation on grounds of public interest. The applicant was a Kosovo national and lived in Austria for 14 years with his family and was sentenced several times for criminal offenses. In this case, the Court held that the public interest in the applicant’s deportation and […]

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